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GLENDALE HEIGHTS v. GLEN AYRE ENTERPRISES

No. 2-09-0791.

935 N.E.2d 562 (2010)

The VILLAGE OF GLENDALE HEIGHTS, Plaintiff and Counterdefendant-Appellee, v. GLEN AYRE ENTERPRISES, INC., and Albert J. Schneider, Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied October 15, 2010.

Attorney(s) appearing for the Case

Glenn R. Gaffney, Justin R. Gaffney, Gaffney & Gaffney, Glendale Heights, for Appellant.

Anthony J. Casale, Andrew Y. Acker, Storino, Ramello & Durkin, Rosemont, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Defendants and counterplaintiffs, Glen Ayre Enterprises, Inc., and its president, Albert Schneider, appeal from the trial court's judgment in favor of plaintiff and counterdefendant, the Village of Glendale Heights, on plaintiff's complaint seeking relief for zoning ordinance violations on defendants' property. On appeal, defendants argue that the trial court erred in refusing to consider their affirmative defense...

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